Hazard assessments for PPE at disaster clean-up sites with multiple employers | Occupational Safety and Health Administration

Standard Number:

1910.120

1910.132

1910.132(d)(1)

1910.132(d)(2)

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 28, 2024

Mr. Jordan K. Frazier
Restoration and Remediation Consulting Group, LLC
1100 Oak Street, Suite 15
Conway, AR 72034

Dear Mr. Frazier:

Thank you for your inquiry to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs regarding personal protective equipment (PPE) and, specifically, the responsibility of the employer to assess workplace hazards prior to selecting PPE. This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any situation not delineated within your original inquiry. Your question has been summarized below, followed by our response.

Background: Your company performs disaster restoration, remodeling, remediation, and indoor air quality consulting work. Your work activities are often completed alongside or in conjunction with other work parties.

Question: Does 29 CFR § 1910.132(d)(1), 29 CFR § 1910.132(d)(2), and/or the OSH Act's General Duty Clause require an assessment be performed by a qualified individual to determine the presence of both bacteria (e.g., fecal coliform, E.coli), microbial growth (e.g., mold, fungal growth), and other potential chemical, physical, or biological hazards (heat, lead, asbestos, etc.), and the assessment be presented in writing on every job?

Response: As an employer, you must assess your workplace to determine if hazards are present to protect your workers. OSHA's standard, Personal Protective Equipment (29 CFR Subpart I), section 1910.132, General Requirements, requires both a hazard assessment and written certification of the evaluated workplace if PPE will be required. Specifically, 29 CFR § 1910.132(d)(1) requires the employer assess the workplace to determine if a hazard is present, or likely to be present, which necessitates the use of PPE.

Employers should not rely solely on PPE to control hazards but should complete workplace assessments to determine if other controls are available to protect their workers.¹ To assist employers with compliance, 29 CFR 1910 Subpart I, Appendix B, provides Non-mandatory Compliance Guidelines for Hazard Assessment and Personal Protective Equipment Selection² that may also be helpful to you. An initial survey should be conducted followed by further analysis of hazards.

Additionally, 29 CFR § 1910.132(d)(2) requires employer verification that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

OSHA has a webpage with general Recommended Practices for Safety and Health Programs³ that provides resources, such as a Hazard Identification Worksheet,⁴ and other references for hazard identification and assessment, also known as job hazard analyses. Hazard controls should follow the hierarchy of controls as indicated in the Recommended Practices for Safety and Health Programs webpage. Additionally, specific to your area of work, OSHA has published Principle Emergency Response and Preparedness Requirements and Guidance.⁵ Section I.D of the document, "Requirements that Support Emergency Response and Preparedness," details procedural, program, and/or equipment requirements, which directs employers to assess the workplace for hazards that are present or likely to be present as well as selecting and ensuring the use of PPE based on the workplace assessment.

OSHA also has standards that govern exposure to many specific chemical, physical, and biological hazards that may be present in your workplace. For example, disaster remediation activities, if removing or disturbing asbestos-containing building materials, would be covered by OSHA's construction standard for asbestos, 29 CFR § 1926.1101. However, when there is no specific OSHA standard for a hazard, Section 5(a)(1)⁶ (General Duty Clause) of the Occupational Safety and Health (OSH) Act of 1970⁷ requires employers to furnish to each worker "employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm" to its workers. OSHA may enforce the General Duty Clause where a workplace has a recognized, serious hazard for which there is no hazard-specific OSHA standard (e.g., heat,⁸ mold⁹).

For more general information, OSHA has created Health and Safety Topics¹⁰ pages that provide regulatory and enforcement information, hazard identification and controls, as well as best practices and other resources to assist employers, workers, and safety and health professionals. Three pages closely related to your work include, Emergency Preparedness and Response,¹¹ which provides information for employers and workers who respond to the emergencies, and Hazardous Waste Operation and Emergency Response,¹² which serves as a resource for workers and employers engaged in hazardous waste, emergency response, and cleanup operations involving hazardous substances, and Hurricane Preparedness and Response,¹³ which features a link to OSHA's Hurricane e-Matrix providing information on hazard exposures and risk assessments for hurricane response and recovery work.

Finally, some disaster cleanup, restoration, and remediation companies are known to employ immigrant restoration workers.¹⁴ Employers must know that these workers have the same rights to a safe and healthy workplace regardless of their immigration status. Please reference the U.S. Department of Labor's new webpage, MigrantWorker.gov.¹⁵

Thank you for your interest in occupational safety and health. I hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA's website at www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Kimberly A. Stille, Director
Directorate of Enforcement Programs

¹ https://www.osha.gov/sites/default/files/Hierarchy_of_Controls_02.01.23_form_508_2.pdf

² https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910SubpartIAppB

³ https://www.osha.gov/safety-management/hazard-Identification

⁴ https://www.osha.gov/sites/default/files/2_Inspect_The_Workplace_For_Hazards.pdf

⁵ https://www.osha.gov/sites/default/files/publications/osha3122.pdf

⁶ https://www.osha.gov/laws-regs/oshact/section5-duties

⁷ https://www.osha.gov/laws-regs/oshact/completeoshact

⁸ https://www.osha.gov/heat-exposure

⁹ https://www.osha.gov/mold

¹⁰ https://www.osha.gov/topics/text-index